[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1964 Referred in Senate (RFS)]
103d CONGRESS
1st Session
H. R. 1964
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30 (legislative day, June 30), 1993
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To authorize appropriations for the Maritime Administration for fiscal
year 1994, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Administration
Authorization Act for Fiscal Year 1994''.
SEC. 2. AUTHORIZATIONS FOR MARITIME ADMINISTRATION.
(a) Authorizations.--In fiscal year 1994, the following amounts are
authorized to be appropriated for the Maritime Administration
(Department of Transportation):
(1) Any amounts necessary to liquidate obligations under
operating-differential subsidy contracts for the fiscal year
1994 portion of the total contract authority.
(2) $41,013,000 for expenses related to manpower,
education, and training, including--
(A) $28,877,000 for maritime training at the United
States Merchant Marine Academy at Kings Point, New
York;
(B) $10,344,000 for assistance to the State
maritime academies (including for reimbursement of fuel
costs associated with the operation of training
vessels), of which $1,200,000 may be used for training
simulators for the State maritime academies; and
(C) $1,792,000 for manpower and additional
training.
(3) $30,713,000 for operating programs, including--
(A) $19,989,000 for general administration;
(B) $8,983,000 for development and use of water
transportation systems; and
(C) $1,741,000 for research, technology, and
analysis.
(4) $254,355,000 for expenses related to national security
support capabilities, including--
(A) $6,937,000 for the National Defense Reserve
Fleet;
(B) $1,418,000 for emergency planning and
operations; and
(C) $246,000,000 for the Ready Reserve Force,
including--
(i) $242,000,000 for maintenance and
operations programs in support of the Ready
Reserve Force; and
(ii) $4,000,000 for Ready Reserve Force
facilities.
(5) $4,000,000 to pay administrative costs related to new
loan guarantee commitments under title XI of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), relating to
Federal ship mortgage insurance.
(6) $50,000,000 for costs (as that term is defined in
section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a)) of new loan guarantee commitments under title XI of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.).
(7) $242,000 for assistance to the Massachusetts Center for
Marine Environmental Protection located at the Massachusetts
Maritime Academy.
(b) Use of Proceeds of Sales.--Notwithstanding any other provision
of law, the Secretary of Transportation may use proceeds derived from
the sale or disposal of National Defense Reserve Fleet vessels that are
currently collected and retained by the Maritime Administration for
facility and ship maintenance, modernization and repair, acquisition of
equipment, training simulators, and fuel costs necessary to maintain
training at the United States Merchant Marine Academy and the State
maritime academies.
SEC. 3. NATIONAL SHIPBUILDING ENHANCEMENT INSTITUTES.
(a) Designation by Secretary of Transportation.--The Secretary of
Transportation may designate National Shipbuilding Enhancement
Institutes.
(b) Activities.--Activities undertaken by such an Institute may
include--
(1) vessel construction and repair technology development
with an emphasis on improving the productivity of United States
shipyards through innovative design, engineering, or
operations;
(2) enhancing the international competitiveness of domestic
shipyards in ship construction and repair;
(3) documenting and forecasting international and domestic
trends in ship construction and repair;
(4) fostering innovations in the domestic shipbuilding
marketing system; and
(5) providing technical support on shipbuilding practices.
(c) Submission of Applications.--An institution seeking designation
as a National Shipbuilding Enhancement Institute shall submit an
application under regulations prescribed by the Secretary.
(d) Designation Criteria.--The Secretary shall designate an
Institute under this section on the basis of the following criteria:
(1) The research and extension resources available to the
designee for carrying out the activities specified in
subsection (b).
(2) The existence of an established program of the designee
encompassing research, education, and training directed to
enhancing shipbuilding industries.
(3) The ability of the designee to assemble and evaluate
pertinent information from national and international sources
and to disseminate results of shipbuilding industry research
and educational programs.
(4) The qualification of the designee as a nonprofit
institution of maritime or higher education.
(e) Grants.--The Secretary may make an award, on a matching basis,
to any institute designated under subsection (a), from amounts
appropriated.
SEC. 4. REIMBURSEMENT OF CERTAIN FEES BY STATE MARITIME ACADEMIES.
(a) Condition of Assistance.--Section 1304(d) of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1295c(d)) is amended by adding at the
end the following:
``(3)(A) Subject to subparagraph (B), an agreement under this
subsection shall require a State maritime academy to reimburse each
qualified individual for any fee or charge for which the individual is
liable to the United States for--
``(i) the issuance of an entry level license under chapter
71 of title 46, United States Code;
``(ii) the first issuance of a merchant mariner's document
under chapter 73 of that title;
``(iii) an evaluation or examination for such a license or
merchant mariner's document conducted before the end of the
period described in subparagraph (D)(ii); or
``(iv) an application for such a license, merchant
mariner's document, evaluation, or examination.
``(B) A State maritime academy shall reimburse qualified
individuals under subparagraph (A) to the extent amounts are available
under subparagraph (C).
``(C) In addition to annual payments under paragraph (1)(A) and
subject to the availability of appropriations, the Secretary shall
annually pay to each State maritime academy that enters into an
agreement under paragraph (1) amounts to reimburse qualified
individuals under subparagraph (A).
``(D) In this paragraph, the term `qualified individual' means an
individual who--
``(i) is attending or is a graduate of a State maritime
academy;
``(ii) fulfills the requirements for a license or merchant
mariner's document described in subparagraph (A) not later than
three months after the date the individual graduates from a
State maritime academy; and
``(iii) is liable for a fee or charge described in
subparagraph (A).''.
(b) Effective Date.--The amendment made by subsection (a) is
effective October 1, 1993.
(c) Amendment of Existing Agreements.--As soon as practicable after
the date of the enactment of this Act, the Secretary of Transportation
shall amend agreements under section 1304(d) of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1295c(d)) pursuant to the amendment made by
subsection (a).
(d) Additional Appropriations Authorized.--In addition to amounts
authorized to be appropriated for assistance to State maritime
academies, there is authorized to be appropriated $300,000 for fiscal
year 1994 to reimburse qualified individuals pursuant to the amendment
made by subsection (a).
SEC. 5. NATIONAL MARITIME ENHANCEMENT INSTITUTES.
Section 8(e) of the Act of October 13, 1989 (46 App. U.S.C. 1121-
2(e)), is amended to read as follows:
``(e) The Secretary may make awards on an equal or partial matching
basis to an Institute designated under subsection (a) from amounts
appropriated.''.
SEC. 6. TERMINATION OF CONDITION FOR STATE MARITIME ACADEMY ASSISTANCE.
(a) In General.--Section 1304(f)(1) of the Merchant Marine Act,
1936 (46 App. U.S.C. 1295c(f)(1)) is amended to read as if section 3 of
the Act of October 13, 1989 (Public Law 101-115; 103 Stat. 692), had
not been enacted.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective October 13, 1989.
(c) Clerical Amendments.--
(1) Section 3 of the Act of October 13, 1989 (Public Law
101-115; 103 Stat. 692), is repealed.
(2) Section 706 of the Federal Maritime Commission
Authorization Act of 1990 (46 App. U.S.C. 1295c note) is
repealed.
SEC. 7. MAINTENANCE CONTRACTS FOR NATIONAL DEFENSE RESERVE FLEET
VESSELS.
The Secretary of Transportation may enter into a contract for the
maintenance of the National Defense Reserve Fleet, including the Ready
Reserve Force, only for--
(1) the repair, activation, operation, berthing, towing, or
lay-up of a vessel;
(2) a vessel used by a State maritime academy; or
(3) obtaining maintenance technical services when--
(A) the technical expertise required for that
service is beyond the capabilities of the Fleet staff
or when the Fleet has insufficient personnel resources
to adequately maintain the Fleet; and
(B) the contract does not result in reducing
employment at the Fleet site.
SEC. 8. MAINTENANCE OF READY RESERVE FORCE VESSELS IN REDUCED OPERATING
STATUS.
The Secretary shall, during fiscal year 1994, maintain in a reduced
operating status--
(1) at least 29 vessels in the Ready Reserve Force
component of the National Defense Reserve Fleet, or
(2) a lesser number of those vessels that the Secretary
determines to be practicable based on the appropriations
available for that fiscal year for maintenance of vessels in
that Force.
SEC. 9. VESSEL REPAIR AND MAINTENANCE PILOT PROGRAM.
(a) In General.--The Secretary of Transportation shall conduct a
pilot program to evaluate the feasibility of using long-term contracts
for the maintenance and repair of outported vessels in the Ready
Reserve Force to enhance the readiness of those vessels. Under the
pilot program, the Secretary, subject to the availability of
appropriations and within 6 months after the date of the enactment of
this Act, shall award 9 contracts for this purpose.
(b) Use of Various Contracting Arrangements.--In conducting a pilot
program under this section, the Secretary of Transportation shall use
contracting arrangements similar to those used by the Department of
Defense for procuring maintenance and repair of its vessels.
(c) Contract Requirements.--Each contract with a shipyard under
this section shall--
(1) subject to subsection (d), provide for the procurement
from the shipyard of all repair and maintenance (including
activation, deactivation, and drydocking) for one vessel in the
Ready Reserve Force that is outported in the geographical
vicinity of the shipyard; and
(2) be effective for 3 years.
(d) Limitation on Work Under Contracts.--A contract under this
section may not provide for the procurement of operation or manning for
a vessel that may be procured under another contract for the vessel to
which section 11(d)(2) of the Merchant Ship Sales Act of 1946 (50 App.
U.S.C. 1744(d)(2)) applies.
(e) Geographic Distribution.--The Secretary shall seek to award
contracts under this section to shipyards that are distributed
throughout the United States.
(f) Reports.--The Secretary shall submit to the Congress--
(1) an interim report on the effectiveness of each contract
under this section in providing for economic and efficient
repair and maintenance of the vessel covered by the contract,
by not later than 20 months after the date of the enactment of
this Act; and
(2) a final report on that effectiveness, by not later than
6 months after the termination of all contracts awarded
pursuant to this section.
SEC. 10. GEOGRAPHIC DISTRIBUTION OF READY RESERVE FORCE VESSELS.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Transportation shall submit a report to
the Congress which describes where vessels in the Ready Reserve Force
will be located in fiscal year 1994.
(b) Consideration of Ports in Locating Vessels.--In selecting
locations where Ready Reserve Force vessels will be outported, the
Secretary of Transportation shall consider ports that have historically
been involved in outporting of those vessels.
SEC. 11. MARITIME POLICY REPORT.
(a) Report.--The Secretary of Transportation shall transmit to the
Congress a report setting forth the Department of Transportation's
policies for the 5-year period beginning October 1, 1993, with respect
to--
(1) fostering and maintaining a United States merchant
marine capable of meeting economic and national security
requirements;
(2) improving the vitality and competitiveness of the
United States merchant marine and the maritime industrial base,
including ship repairers, shipbuilders, ship manning, ship
operators, and ship suppliers;
(3) reversing the precipitous decrease in the number of
ships in the United States-flag fleet and the Nation's shipyard
and repair capability;
(4) stabilizing and eventually increasing the number of
mariners available to crew United States merchant vessels;
(5) achieving adequate manning of merchant vessels for
national security needs during a mobilization;
(6) ensuring that sufficient civil maritime resources will
be available to meet defense deployment and essential economic
requirements in support of our national security strategy;
(7) ensuring that the United States maintains the
capability to respond unilaterally to security threats in
geographic areas not covered by alliance commitments and
otherwise meets sealift requirements in the event of crisis or
war;
(8) ensuring that international agreements and practices do
not place United States maritime industries at an unfair
competitive disadvantage in world markets;
(9) ensuring that Federal agencies promote, through
efficient application of laws and regulations, the readiness of
the United States merchant marine and supporting industries;
and
(10) any other relevant maritime policies.
(b) Date of Transmittal.--The report required under subsection (a)
shall be transmitted along with the President's budget submission,
pursuant to section 1105 of title 31, United States Code, for fiscal
year 1995.
SEC. 12. PILOT PROGRAM ON SEALIFT TRAINING.
The Secretary of Transportation shall establish a 3-year pilot
program for Sealift Training at the Massachusetts Maritime Academy.
SEC. 13. SPECIAL RULE FOR VESSEL CONSTRUCTION GUARANTEES.
(a) In General.--Notwithstanding any provision of title XI of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), in
guaranteeing an obligation under that title with amounts appropriated
for fiscal year 1994, the Secretary of Transportation shall guarantee
an amount of principal or interest (or both) that is equal to 87\1/2\
percent of the actual cost or depreciated actual cost (as those terms
are defined in that title) of the vessel or facility that is used as
security for the guarantee.
(b) Exception.--Subsection (a) shall not apply to the guarantee of
an obligation if the Secretary determines that--
(1) special economic circumstances exist; and
(2) there is good cause for guaranteeing a lesser
percentage of principal or interest (or both) authorized by
that title.
SEC. 14. WAIVERS FOR CERTAIN VESSELS.
(a) In General.--Notwithstanding sections 12106, 12107, and 12108
of title 46, United States Code, and section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), the Secretary of Transportation may
issue a certificate of documentation for the following vessels:
(1) AFTERSAIL (United States official number 689427).
(2) ALEXANDRIA (United States official number 586490).
(3) ARIEL (United States official number 954762).
(4) BRANDARIS (Rhode Island registration number 2848N;
former United States official number 263174).
(5) COMPASS ROSE (United States official number 695865).
(6) DIXIE (United States official number 513159).
(7) GRAY (Connecticut State vessel number CT5944AJ).
(8) GYPSY COWBOY (United States official number 550771).
(9) IMPATIENT LADY (United States official number 553952).
(10) ISLAND GIRL (United States official number 674840).
(11) LAURISA (United States official number 924052).
(12) MARINER (United States official number 285452).
(13) MOONSHINE (United States official number 974226).
(14) MYSTIQUE (United States official number 921194).
(15) NORTHERN LIGHT (United States official number 237510).
(16) PLAY PRETTY (United States official number 975346).
(17) PRINCE OF TIDES II (United States official number
903858).
(18) SHILOH (United States official number 902675).
(19) SWELL DANCER (United States official number 622046).
(20) TESSA (United States official number 675130).
(21) TOP DUCK (United States official number 990973).
SEC. 15. PROHIBITION ON TRANSFER.
Notwithstanding any other provision of law, the Secretary of
Transportation may not approve the transfer of a United States-
documented oceangoing merchant vessel that is of 3,000 gross tons or
more (or that type of a vessel the last documentation of which was
under the laws of the United States) to a foreign registry under
section 9(c) of the Shipping Act, 1916 (46 App. U.S.C. 808) through
December 31, 1994.
SEC. 16. AMENDMENTS RELATING TO COAST GUARD MARITIME ACADEMY RESERVE
TRAINING PROGRAM.
(a) Naval Reserve Status.--Section 1304(g)(2) of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1304(g)(2)) is amended by inserting
before the period the following: ``, unless the individual participates
in the Coast Guard Maritime Academy Reserve Training Program''.
(b) Reserve Service Obligation.--Section 1304(g)(3)(D) of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1304(g)(3)(D)) is amended
by--
(1) inserting ``(i)'' after ``commissioned officer'';
(2) inserting ``(except as provided in clause (ii))'' after
``the United States Coast Guard Reserve''; and
(3) inserting before the semicolon at the end the
following: ``; or (ii) in the United States Coast Guard Reserve
for such period following that date of graduation as may be
established by the Secretary of the department in which the
Coast Guard is operating, in the case of an individual that
participates in the Coast Guard Maritime Academy Reserve
Training Program;''.
(c) Penalties for Failure To Fulfill Incentive Payment Agreement.--
Section 1304(g) of the Merchant Marine Act, 1936 (46 App. U.S.C.
1304(g)) is amended--
(1) in paragraph (4) by inserting ``, except as provided in
paragraph (8),'' after ``such individual may'';
(2) in paragraph (5) by inserting ``, except as provided in
paragraph (8),'' after ``such individual may''; and
(3) by adding at the end the following:
``(8)(A) Paragraphs (4) and (5) shall not apply to a failure to
fulfill a part of an agreement, by an individual who--
``(i) is enlisted in the United States Coast Guard Reserve;
and
``(ii) participates in the Coast Guard Maritime Academy
Reserve Training Program.
``(B) If the Secretary determines that an individual described in
subparagraph (A) has failed to fulfill any part of the agreement
(required by paragraph (1)) described in paragraph (3), the individual
may be ordered to active duty in the Coast Guard to serve for a period
of time determined by the Commandant of the Coast Guard, not to exceed
2 years. In cases of hardship as determined by the Secretary, the
Secretary may waive this subparagraph.''.
(d) Coast Guard Maritime Academy Reserve Training Program
Defined.--Section 1304(g) of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1304(g)), as amended by this section, is further amended by
adding at the end the following:
``(9) In this subsection, the term `Coast Guard Maritime Academy
Reserve Training Program' means that program established by the
Commandant of the Coast Guard, as in effect on the date of the
enactment of the Maritime Administration Authorization Act for Fiscal
Year 1994.''.
SEC. 17. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be expended by an
entity unless the entity agrees that in expending the assistance the
entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
SEC. 18. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In the case
of any equipment or products that may be authorized to be purchased
with financial assistance provided under this Act, it is the sense of
the Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made equipment and
products.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the head of each Federal agency shall
provide to each recipient of the assistance a notice describing the
statement made in subsection (a) by the Congress.
SEC. 19. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal agency that
any person intentionally affixed a label bearing a ``Made in America''
inscription, or any inscription with the same meaning, to any product
sold in or shipped to the United States that is not made in the United
States, such person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act, pursuant to
the debarment, suspension, and ineligibility procedures described in
section 9.400 through 9.409 of title 48, Code of Federal Regulations.
Passed the House of Representatives July 29, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 1964 RFS----2